Rule 25. Substitution of parties upon death,
incompetency or transfer of interest; abatement.

(a) Death. - No action abates by reason of the death of a party
if the cause of action survives. In such case, the court, on motion at any time
within the time specified for the presentation of claims in G.S. 28A-19-3, may
order the substitution of said party's personal representative or collector and
allow the action to be continued by or against the substituted party.

(b) Insanity or incompetency. - No action abates by reason of
the incompetency or insanity of a party. If such incompetency or insanity is
adjudicated, the court, on motion at any time within one year after such
adjudication, or afterwards on a supplemental complaint, may order that said
party be represented by his general guardian or trustee or a guardian ad litem,
and, allow the action to be continued. If there is no adjudication, any party
may suggest such incompetency or insanity to the court and it shall enter such
order in respect thereto as justice may require.

(c) Abatement ordered unless action continued. - At any time
after the death, insanity or incompetency of a party, the court in which an
action is pending, upon notice to such person as it directs and upon motion of
any party aggrieved, may order that the action be abated, unless it is
continued by the proper parties, within a time to be fixed by the court, not
less than six nor more than 12 months from the granting of the order.

(d) Transfer of interest. - In case of any transfer of interest
other than by death, the action shall be continued in the name of the original
party; but, upon motion of any party, the court may allow the person to whom
the transfer is made to be joined with the original party.

(e) Death of receiver of corporation. - No action against a
receiver of a corporation abates by reason of his death, but, upon suggestion
of the facts on the record, it continues against his successor or against the
corporation in case a new receiver is not appointed and such successor or the
corporation is automatically substituted as a party.

(f) Public officers; death or separation from office. -

(1) When a public officer is a party to an action in his
official capacity and during its pendency dies, resigns or otherwise ceases to
hold office, the action does not abate and his successor is automatically
substituted as a party. Proceedings following the substitution shall be in the
name of the substituted party, but any misnomer not affecting substantial
rights of the parties shall be disregarded. An order of substitution may be
entered at any time, but the omission to enter such an order shall not affect
the substitution.

(2) When a public officer sues or is sued in his official
capacity, he may be described as a party by his official title rather than by
name; but the court may require his name to be added.

(g) No abatement after verdict. - After a verdict is rendered in
any action, the action does not abate by reason of the death of a party,
whether or not the cause of action upon which it is based is a type which
survives. (1967, c. 954, s.
1; 1977, c. 446, s. 3.)